Road Accident Injuries
Injured in a Road Accident? Know Your Rights
If you have been injured as a driver or a passenger in a motor vehicle accident, car accident, truck accident, motorcycle accident, bus accident or any other accident on the road, you may be entitled to make a claim. Pedestrians, cyclists and scooter riders can also make a claim if the accident was caused or significantly contributed to by a negligent driver.
Even if the at fault vehicle was unregistered or unidentified, a claim can still be made against the Nominal Defendant, a government insurer, but you should act immediately, as very short timeframes apply with respect to these types of claims.
Many accidents on the road can lead to serious injuries such as catastrophic spinal injuries, head and brain injuries, whiplash and neck injuries, fractures, soft tissue injuries, psychological injuries and even death. Claims can sometimes also be brought by loved ones for nervous shock (psychiatric injury), loss of dependency and loss of services where their family member has been seriously injured or died as a result of the accident.
How Do Road Accident Injury Claims Work?
When a motor vehicle is registered with the Department of Transport in Queensland it is automatically covered by compulsory third party (CTP) insurance. CTP Insurance covers everyone, except for the negligent driver, for injuries sustained in an accident. This includes the passengers in the same vehicle as the negligent driver.
If you were injured in an accident caused by someone else, then you will be able to lodge a CTP claim with the CTP Insurer of the at fault vehicle.
This is how an average CTP claim usually proceeds:
- Accident occurs;
- Within 1 month of accident: Serve Notice of Accident Claim form on CTP insurer;
- 14 days later: CTP Insurer acknowledges claim and, if they accept that their driver was at least partially at fault, they will start paying for all reasonable and necessary treatment and rehabilitation;
- 7 months post-accident: CTP Insurer advises their position on liability (ie whether they accept that their driver caused or contributed to the accident);
- 12 months post-accident: Your injuries usually stabilise and medicolegal appointments (for us and the insurer) can then take place, to assess the nature and extent of any ongoing pain and restriction you have as a result of your injuries;
- 16 months post-accident: Once all medicolegal specialists’ reports have been received, an offer of settlement is formulated;
- 18 months post-accident: Compulsory settlement conference is held between the parties (and around 7 out of 10 matters resolve at this stage);
If the claim fails to resolve at the compulsory conference:
- 19 months post-accident: Court proceedings are commenced;
- 21 months post-accident: Court documents are exchanged between the parties;
- 23 months post-accident: A mediation is held between the parties (and 9 out 10 matters resolve at this stage);
If the claim fails to resolve at the mediation:
- 24 months post-accident: The parties start preparing for trial (whilst often continuing to negotiate); and
- 30 months post-accident: If all other negotiations fail, the matter proceeds to trial.
What can you claim?
The following heads of damage can be claimed against a CTP Insurer:
- pain and suffering, loss of amenities and loss of enjoyment of life
- past lost income
- past out of pocket expenses (eg treatment, rehabilitation, medication, transportation, aids, appliances, prosthesis, home modifications, transport modifications, education and training)
- past paid services (eg attendant care and support services, cleaning, cooking, gardening, housekeeping, mowing, etc), provided these services were not being provided prior to your injury
- past gratuitous (unpaid) services provided by family and friends, if those services are provided for at least six (6) hours per week for a minimum of six (6) months, provided those services were not being provided prior to your injury
- interest on any past lost income, expenses or paid services
- future potential loss of income/ earning capacity
- future potential out-of-pocket expenses
- future potential paid services
- future potential (unpaid) gratuitous services provided by family and friends
So, what is required of you during the claim process?
You can live your life normally and we will take the pressure off you by handling the vast majority of your claim. What we will need from you might include the following:
- You will need to attend an initial appointment to provide us with relevant information about the incident;
- You will have to help us finalise any claim form, to ensure that we get your story straight, and then sign that claim form;
- You will need to attend medicolegal appointments for us and the insurer;
- You will need to provide us with copies of any relevant documents that might be required including receipts (for treatment etc), tax documents and an impact statement (setting out how your injuries have affected you);
- You will need to approve any offer of settlement that we put together on your behalf; and
- You will have to attend a compulsory settlement conference to provide us with any information we need and instructions regarding any offers of settlement. You will not be required to answer questions from the other side during the conference. (around 70% of claims resolve at this stage)
If the claim fails to resolve at the compulsory conference:
- You will need to attend a mediation to provide us with any further information we need and instructions regarding any offers of settlement. (around 90% of claims resolve by this stage)
- You will not be required to answer questions from the other side during the mediation.
If the claim fails to resolve at the mediation:
- You will need to provide us with instructions in relation to any further offers of settlement that are forthcoming or that we wish to make prior to trial;
- You will need to attend court and give evidence as a witness if the matter proceeds to trial. (less than 2% of personal injury claims proceed to trial)
How can we help?
We will assess the accident that led to your injury and will provide you with our expert opinion as to your prospects of success in relation to the CTP claim. If we consider you to have reasonable prospects of success, and that your claim is economically viable, then we will agree to act on your behalf on a “no win no fee” basis. Click here for more information on how we charge.
Don’t delay! Very strict time limits apply with respect to CTP claims. Speak with one of our expert personal injury lawyers today. We offer free initial advice.
FAQs
The short answer is “as soon as possible”. This is so we can:
- assist you with lodging the claim;
- make sure that your version of events surrounding the accident is accurate and comprehensive;
- give you advice in relation to your rights and obligations;
- ensure that you are telling the CTP Insurer and the doctors the whole story;
- ensure that your doctor notes down in your medical records all injuries that you have suffered, no matter how minor;
- ensure that the CTP Insurer is aware of all the injuries you have sustained;
- ensure that the CTP Insurer is paying for all reasonable and necessary treatment; and
- start compiling the evidence we need in order to put an offer of settlement together for you once your injuries are stable and stationary.
These are the steps you should take to lodge a claim if you are injured in a road accident:
- Attend upon a doctor as soon as possible (if you haven’t already done that) to report all injuries and symptoms you have suffered (no matter how insignificant they seem).
- Report the accident to the police (if they did not attend the scene of the accident) and ask them to provide you with a QP number (Traffic Incident Number).
- Contact one of our offices to make a time for one of our expert personal injury lawyers to see you. If it is easier for you, we will come to the hospital or your home or we are happy to meet at a nearby coffee shop.
- At our initial consultation, we will complete a Notice of Accident Claim Form with you.
- You will then need to have your doctor complete the Medical Certificate which forms pages 11 and 12 of the Notice of Accident Claim Form. We will provide you with the Medical Certificate to take to your doctor.
- Also ask your doctor to provide you with referrals for any treatment you need, including x-rays or other scans, physiotherapy, specialist reviews, etc.
- Provide us with the original Medical Certificate and a copy of any referral(s).
- We then serve the Notice of Accident Claim Form (with the completed Medical Certificate) and a copy of any referrals upon the CTP Insurer of the vehicle that caused or significantly contributed to the accident.
- The CTP Insurer will then respond to your claim and start paying for all reasonable and necessary treatment.
Where the at fault vehicle is identified (even if it is unregistered):
You have one (1) month from the date you first consult with a lawyer or nine (9) months from the date of accident, whichever is the earlier, to serve a Notice of Accident Claim Form on the CTP Insurer (or, in the case of unregistered vehicles, the Nominal Defendant, a government insurer).
You can still serve a Notice of Accident Claim Form on the CTP Insurer after the nine (9) month timeframe up to three (3) years after the date of accident but you have to provide a reasonable excuse for the delay.
You will not be able to pursue a claim against the CTP Insurer (or Nominal Defendant) if the claim is brought more than three (3) years after the accident.
There are some very limited exceptions to the three (3) year rule, so we would recommend you speak with one of our expert personal injury lawyers to discuss your options in that regard, where applicable.
Where the at fault vehicle is unidentified:
You have one (1) month from the date you first consult with a lawyer or three (3) months from the date of accident, whichever is earlier, to serve a Notice of Accident Claim Form on the Nominal Defendant (a government insurer).
You can still serve a Notice of Accident Claim Form on the Nominal Defendant after the three (3) month timeframe up to nine (9) months after the date of accident but you have to provide a reasonable excuse for the delay.
You will not be able to pursue a claim against the Nominal Defendant if the claim is brought more than nine (9) months after the accident.
Provided the accident was not your own fault, or not entirely your fault, you will be able to make a CTP claim. You cannot claim if the accident was your fault.
Your claim will be against the CTP insurer of the vehicle that caused or significantly contributed to the accident. Negligence is alleged against the driver of that vehicle but the CTP insurer then takes over the conduct of the matter.
Where the vehicle that caused the accident cannot be identified, then the Nominal Defendant (a government insurer) becomes the relevant insurer in relation to your claim.
There are no adverse consequences to your family member or friend, if they caused the accident. They do not even have to pay an excess when you make a claim. The CTP insurer of the vehicle simply takes over the conduct of the matter.
If you were the passenger in a vehicle driven by a family member or friend, you can still make a claim against the CTP insurer of that vehicle (even if it is your own vehicle) and there is no impact upon your family member or friend.
Of course, the CTP insurer will want a statement from your family member or friend about what happened but that would be it. In the unlikely event that the matter was to proceed to trial, they may also be called upon to give evidence if liability is in dispute (ie there is some doubt as to who caused the accident).
The types of injuries that you can claim for include the following:
- Head injuries
- Traumatic brain injuries (TBI) and acquired brain injuries (ABI)
- Post-concussion syndrome
- Spinal cord injuries, including tetraplegia (also known as quadriplegia) and paraplegia
- Brachial plexus injuries
- Amputations
- Catastrophic injuries
- Injuries causing death
- Neurological injuries
- Thoracic outlet syndrome
- Complex regional pain syndrome
- Cauda equina injuries
- Facial and jaw injuries
- Spinal injuries
- Whiplash injuries
- Neck injuries
- Back injuries
- Fractures and dislocations
- Shoulder injuries
- Elbow injuries
- Hand, wrist and finger injuries
- Pelvis and hip injuries
- Internal organ injuries
- Abdominal injuries
- Hernias
- Groin injuries
- Leg and thigh injuries
- Knee injuries
- Foot and ankle injuries
- Toe injuries
- Soft tissue injuries
- Burns
- Cuts, lacerations and bruises
- Chemical injuries
- Scarring
- Chronic pain disorder
- Psychiatric and psychological injuries including depression, stress, post-traumatic stress disorder, adjustment disorder, anxiety, traffic phobia, pain disorder
- Nervous shock injuries
- Fatal injuries / death
- Aggravation of pre-existing injuries
- Aggravation of pre-existing degeneration
Every case is different and the amount of compensation or damages payable to you will depend on many things, including:
- How you recover from your injuries
- Your age
- The medical evidence
- What other pre-existing injuries or conditions you had
- What permanent restrictions you have, particularly with respect to your work capacity
- What your earning capacity was like prior to the accident, compared to what your earning capacity now looks like
- How much care and support you have needed in the past and how much you are likely to require in the future
- How much ongoing treatment and medication you need
Many CTP claims settle for hundreds of thousands of dollars or more.
This depends on how much work is done. For more information on how we charge, click here.
Costs are only payable to the insurer if you proceed to trial and lose or receive a judgement for less than what the CTP insurer has previously offered to you.
Less than 2% of claims actually proceed to trial, so there is almost no chance of you having to pay the insurer’s costs.
Yes, provided that you were on a journey between your home and place of employment (or vice versa) and there had not been a substantial interruption of, or deviation from, the journey.
In this case, WorkCover Queensland would ordinarily pay for any reasonable and necessary treatment and rehabilitation, as well as weekly benefits for lost wages, rather than the CTP insurer paying for your treatment and rehabilitation.
As a part of your settlement, we claim what WorkCover has paid from the CTP insurer and refund it to WorkCover upon settlement of your claim. Given that we are claiming for something that you have already received the benefit of, you do not lose anything in that regard.
Yes. If you are a truck driver, taxi driver, uber driver, courier, salesman or other employee that drives for a living and you are involved in an accident caused by someone else, then you can claim both workers’ compensation benefits (if eligible) and also make a CTP claim. If you cause the accident, then you will be able to make a workers’ compensation claim but not a CTP claim.
Where you are able to make a CTP claim as well as a workers’ compensation claim, WorkCover Queensland would ordinarily pay for any reasonable and necessary treatment and rehabilitation, as well as weekly benefits for lost wages, rather than the CTP insurer paying for your treatment and rehabilitation.
As a part of your settlement, we claim what WorkCover has paid from the CTP insurer and that amount is then refunded to WorkCover upon settlement of your claim. Given that we are claiming for something that you have already received the benefit of, you do not lose anything in that regard.
Yes but when we put your offer of settlement together we claim what WorkCover has paid from the CTP insurer and that amount is then refunded to WorkCover upon settlement of your claim. Given that we are claiming for something that you have already received the benefit of, you do not lose anything in that regard.
If you have a “serious personal injury” from a motor vehicle accident in Queensland, you will be eligible to receive benefits from the National Injury Insurance Scheme (Queensland) (ie NIISQ).
Once NIISQ accepts that you are eligible to receive benefits, they will take over the management of, and pay for, all the necessary and reasonable treatment, care and support needs that you have.
The CTP Insurer will then manage your CTP claim procedurally but will not be involved with your treatment and rehabilitation, unless you choose to opt out of receiving lifetime treatment, care and support from NIISQ and instead pursue a lump sum for those expenses.
We can advise you on whether you should or should not opt out from NIISQ. For further information on NIIS benefits and how the scheme works with CTP claims, click here.
In Australia, you are not taxed on any settlement monies that you receive from your personal injury claim. If, however, you invest that money and earn interest or a have a capital gain from that investment, then tax may be payable on that interest or capital gain. You should seek financial and/or accounting advice about this where applicable.
During your free initial consultation, we will:
- Ascertain what injuries you have sustained;
- Discuss the circumstances of the accident that led to your injuries;
- Determine whether another driver caused or significantly contributed to the accident;
- Consider whether your claim is likely to be economically viable;
- Provide you with advice on your prospects of success and the viability of your claim;
- Explain the process of road accident injury (CTP) claims and what will be required of you;
- Discuss our costs and how we charge; and
- Answer any further questions that you might have.
*East Coast Injury Lawyers is led by Accredited Specialists in Personal Injury Law; Sean Delpopolo, Helen Ashton.
Our Promise To You:
- No Win No Fee
- Free Initial Consultation
- Home Visits
- Hospital Visits
- After Hours Visits
- 30% cap on professional fees (excl GST)
- No uplift fees
- No litigation lending or interest charges on outlays
- Immediate Assessment of Your Claim
*Strict time limits apply when making a claim. Do not delay.
